| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to commerce; prohibiting geolocation and smartphone monitoring of |
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| 3 | 3 | | 1.3 another in certain circumstances; providing a cause of action to individuals when |
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| 4 | 4 | | 1.4 geolocation information and other smartphone data has been recorded or shared; |
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| 5 | 5 | | 1.5 proposing coding for new law in Minnesota Statutes, chapter 325F. |
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| 6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 7 | 7 | | 1.7 Section 1. [325F.6985] SMARTPHONE MONITORING; GEOLOCATION |
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| 8 | 8 | | 1.8TRACKING CONSENT REQUIRED. |
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| 9 | 9 | | 1.9 Subdivision 1.Definitions.(a) For the purposes of this section the following terms have |
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| 10 | 10 | | 1.10the meanings given. |
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| 11 | 11 | | 1.11 (b) "Geolocation information" means information (1) generated by or derived in whole |
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| 12 | 12 | | 1.12or in part from operating and using an electronic communications device, and (2) sufficient |
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| 13 | 13 | | 1.13to identify the street name and name of the city or town where the device is located. |
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| 14 | 14 | | 1.14Geolocation information includes information provided by a global positioning service or |
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| 15 | 15 | | 1.15a mapping, locational, or directional information service. Geolocation information does not |
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| 16 | 16 | | 1.16include information that is in the content of a communication; the Internet Protocol address |
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| 17 | 17 | | 1.17of an individual's home, business, or billing address; or component parts of the addresses |
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| 18 | 18 | | 1.18alone. |
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| 19 | 19 | | 1.19 (c) "Smartphone" has the meaning given in section 325F.698. |
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| 20 | 20 | | 1.20 Subd. 2.Smartphone monitoring; prohibitions.(a) Smartphone software and |
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| 21 | 21 | | 1.21applications must appear on a phone in a conspicuous manner when the software or |
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| 22 | 22 | | 1.22application allows: |
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| 23 | 23 | | 1.23 (1) geolocation information to be shared with another remote user; |
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| 24 | 24 | | 1Section 1. |
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| 25 | 25 | | REVISOR RSI/EN 25-0143202/06/25 |
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| 26 | 26 | | State of Minnesota |
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| 27 | 27 | | This Document can be made available |
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| 28 | 28 | | in alternative formats upon request |
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| 29 | 29 | | HOUSE OF REPRESENTATIVES |
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| 30 | 30 | | H. F. No. 2313 |
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| 31 | 31 | | NINETY-FOURTH SESSION |
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| 32 | 32 | | Authored by Robbins, Scott, Franson, Gillman and Rarick03/13/2025 |
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| 33 | 33 | | The bill was read for the first time and referred to the Committee on Commerce Finance and Policy 2.1 (2) saved or stored texts to be read by another remote user; or |
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| 34 | 34 | | 2.2 (3) remote access to the phone user's microphone or camera, or data from the camera or |
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| 35 | 35 | | 2.3microphone to be shared or recorded by another remote user. |
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| 36 | 36 | | 2.4 (b) For the purposes of this section, an application appears in a conspicuous manner if |
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| 37 | 37 | | 2.5the application is displayed as an icon that can be found by a reasonable person. Software |
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| 38 | 38 | | 2.6or an application that tracks or records geolocation information, allows saved or stored texts |
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| 39 | 39 | | 2.7to be read by another remote user, or allows remote access to the phone user's microphone |
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| 40 | 40 | | 2.8or camera must require at least two forms of identity verification before being installed or |
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| 41 | 41 | | 2.9used on a device, and must accurately record the identity of the software or application user. |
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| 42 | 42 | | 2.10Two-factor authentication required under this paragraph must occur at the time the software |
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| 43 | 43 | | 2.11or application is installed, seven days after the date the software or application is installed, |
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| 44 | 44 | | 2.12and every 30 days after the date the software or application is installed. When the two-factor |
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| 45 | 45 | | 2.13authentication is not completed, the software must be disabled. |
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| 46 | 46 | | 2.14 (c) Except as provided in subdivision 3, an individual is prohibited from installing an |
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| 47 | 47 | | 2.15application or software on the smartphone of another individual that allows the individual |
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| 48 | 48 | | 2.16to collect, record, share, or distribute the other individual's geolocation information, |
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| 49 | 49 | | 2.17microphone or camera data, or texts. |
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| 50 | 50 | | 2.18 (d) Nothing in this section prevents an individual from installing software or an |
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| 51 | 51 | | 2.19application on a smartphone that allows the individual to share the individual's own |
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| 52 | 52 | | 2.20geolocation information or that allows a user to authorize a software application to access |
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| 53 | 53 | | 2.21the microphone or camera on the individual's own smartphone. Nothing in this section |
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| 54 | 54 | | 2.22prevents an application or software from being locked so an employee or child is unable to |
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| 55 | 55 | | 2.23remove or alter the software to secure the smartphone's location. |
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| 56 | 56 | | 2.24 Subd. 3.Smartphone monitoring; exceptions.This section does not apply to: |
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| 57 | 57 | | 2.25 (1) the collection of a minor child's geolocation information by the child's parent or legal |
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| 58 | 58 | | 2.26guardian; |
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| 59 | 59 | | 2.27 (2) the collection of a minor child's geolocation information by a school or school district |
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| 60 | 60 | | 2.28providing a smartphone to a minor child, if the child and the child's parent or legal guardian |
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| 61 | 61 | | 2.29has been provided a written notice that geolocation information is collected by the |
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| 62 | 62 | | 2.30smartphone; |
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| 63 | 63 | | 2.31 (3) the collection of an employee's geolocation information by an employer for a |
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| 64 | 64 | | 2.32legitimate business purpose, if the employer has provided the smartphone to an employee |
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| 65 | 65 | | 2.33and given the employee written notice that geolocation information is collected; or |
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| 66 | 66 | | 2Section 1. |
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| 67 | 67 | | REVISOR RSI/EN 25-0143202/06/25 3.1 (4) the collection or viewing of geolocation information, access to text or electronic |
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| 68 | 68 | | 3.2communication, or access to a microphone, camera, or data (i) pursuant to a court order or |
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| 69 | 69 | | 3.3warrant, or (ii) by law enforcement authorized by state or federal law. |
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| 70 | 70 | | 3.4 Subd. 4.Geolocation tracking; consent required.It is not unlawful under this section |
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| 71 | 71 | | 3.5for an officer, employee, or agent of a covered services provider whose facilities are used |
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| 72 | 72 | | 3.6to transmit geolocation information to intercept, disclose, or use the information in the |
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| 73 | 73 | | 3.7normal course of the officer's, employee's, or agent's employment while engaged in any |
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| 74 | 74 | | 3.8activity that is necessary to render the service or protect the covered service provider's rights |
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| 75 | 75 | | 3.9or property. A covered services provider that provides geolocation information service to |
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| 76 | 76 | | 3.10the public must not use service observing or random monitoring, except for mechanical or |
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| 77 | 77 | | 3.11service quality control checks. |
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| 78 | 78 | | 3.12 Subd. 5.Geolocation tracking; exceptions.(a) Notwithstanding any law to the contrary, |
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| 79 | 79 | | 3.13it is not unlawful under this section for an officer, employee, or agent of the United States |
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| 80 | 80 | | 3.14in the normal course of official duties to conduct electronic surveillance, as authorized by |
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| 81 | 81 | | 3.15the Foreign Intelligence Surveillance Act of 1978, United State Code, title 50, section 1801, |
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| 82 | 82 | | 3.16et seq. |
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| 83 | 83 | | 3.17 (b) It is not unlawful under this section for the parent, legal guardian, or another person |
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| 84 | 84 | | 3.18who the parent or legal guardian has authorized, including a school, school district, or other |
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| 85 | 85 | | 3.19caretaker, to track or collect a minor child's geolocation information. |
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| 86 | 86 | | 3.20 (c) It is not unlawful under this section for a person to intercept or access geolocation |
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| 87 | 87 | | 3.21information relating to another person through a system that is configured in a manner that |
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| 88 | 88 | | 3.22makes the geolocation information readily accessible to the general public. |
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| 89 | 89 | | 3.23 (d) It is not unlawful under this section for an investigative officer, law enforcement |
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| 90 | 90 | | 3.24officer, or other emergency responder to intercept or access geolocation information relating |
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| 91 | 91 | | 3.25to a person if the geolocation information is used to respond or provide assistance to a person |
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| 92 | 92 | | 3.26if (1) the person requests assistance, or (2) the investigative officer, law enforcement officer, |
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| 93 | 93 | | 3.27or emergency responder has reason to believe the person's life or safety is threatened. |
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| 94 | 94 | | 3.28 (e) It is not unlawful under this section for a person to (1) intercept geolocation |
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| 95 | 95 | | 3.29information pertaining to the location of another person who has unlawfully taken the device, |
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| 96 | 96 | | 3.30and (2) send the geolocation information to the device owner, device operator, or law |
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| 97 | 97 | | 3.31enforcement officer if the device the owner or operator authorizes the geolocation information |
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| 98 | 98 | | 3.32to be intercepted and sent. |
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| 99 | 99 | | 3Section 1. |
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| 100 | 100 | | REVISOR RSI/EN 25-0143202/06/25 4.1 (f) It is not unlawful under this section for a government entity or law enforcement |
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| 101 | 101 | | 4.2officer to intercept or access geolocation information pursuant to a lawfully issued warrant |
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| 102 | 102 | | 4.3or if there is an immediate danger of death or serious physical injury to a person. |
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| 103 | 103 | | 4.4 (g) Except as otherwise provided in this section, it is unlawful for a person to use a |
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| 104 | 104 | | 4.5device that tracks the geolocation information of another person to (1) intentionally intercept, |
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| 105 | 105 | | 4.6(2) endeavor to intercept, or (3) procure any other person to intercept or endeavor to intercept |
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| 106 | 106 | | 4.7geolocation information pertaining to another person without the other person's consent. |
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| 107 | 107 | | 4.8 Subd. 6.Remedies.(a) In addition to remedies available under law and the remedies |
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| 108 | 108 | | 4.9available under section 8.31, an individual whose geolocation information, text messages, |
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| 109 | 109 | | 4.10data, camera, or microphone was accessed, recorded, or shared has a cause of action against |
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| 110 | 110 | | 4.11the person who violated subdivision 2 or 4, including against (1) an individual who installed |
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| 111 | 111 | | 4.12or used an application or device to collect or access the geolocation information of another |
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| 112 | 112 | | 4.13person, and (2) the person who provided the software or application and failed to meet the |
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| 113 | 113 | | 4.14standards required in subdivision 2, paragraph (a). |
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| 114 | 114 | | 4.15 (b) The court may award the following damages to a prevailing plaintiff from a person |
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| 115 | 115 | | 4.16found liable under this section: |
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| 116 | 116 | | 4.17 (1) general and special damages, including any financial losses and damages for mental |
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| 117 | 117 | | 4.18anguish suffered by an individual due to being tracked or having the individual's geolocation |
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| 118 | 118 | | 4.19information, text messages, data, camera, or microphone accessed by another person; and |
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| 119 | 119 | | 4.20 (2) court costs, fees, and reasonable attorney fees. |
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| 120 | 120 | | 4Section 1. |
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| 121 | 121 | | REVISOR RSI/EN 25-0143202/06/25 |
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